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Long Beach Personal Injury Law Blog

And you think texting in a passenger vehicle is dangerous

In the last few years, it has become obvious that texting and driving presents a significant danger to everyone on the road. Reading or sending a text requires your eyes, hands and brain, which leaves your eyes off the road, your hands off the wheel and your mind somewhere other than on the traffic.

Under these circumstances, you could kill someone. Now imagine that you are in a large vehicle weighing up to 80,000 pounds and having 18 wheels. The odds of you killing someone increase exponentially if an accident occurs while you read or send a text. This is the danger that truck drivers who text while they drive present to you and your family.

What happens during an amputation?

There are many reasons why a limb may need to be amputated, depending on the state the patient's body is in. The most common cause of amputation comes down to a lack of circulation. When there is poor circulation of blood, nutrients and oxygen don't make it to the parts of the body that need them. The body's cells die in that area, leading to tissue death and infection.

Amputations could be necessary after an injury, frostbite, the development of neuromas, serious infections that are not treatable with antibiotics or due to cancerous tumors.

What happens to the brain when it's injured?

When you were traveling, the last thing you expected was getting into a crash with a truck. Large trucks are massive in size and weight, making them dangerous on the roads. People who are struck by them are at a higher risk of injury.

One of those injuries is a traumatic brain injury (TBI). A TBI can happen in a few ways. One of the most common ways is by hitting your head. However, you don't actually have to hit your head to suffer a TBI. The brain only has to impact the skull or swell inside the skull for a TBI to occur.

Are you entitled to meal and rest breaks at your job?

Many people work straight through their workday and beyond, eating their breakfast, lunch and maybe even dinner at their desk -- at least when they're trying to meet a deadline or working on a big project. However, in some cases, employers are required to provide meal and rest breaks for their employees.

Generally, salaried employees in administrative and executive positions are exempt from these requirements. People who work outside the office in sales positions often are as well. Here in California, some workers are covered by collective bargaining agreements that designate what breaks are required.

Why many California workers aren't protected from discrimination

Most California employees are provided with a number of protections under federal and state law. These include protections against discrimination because of their race, age, gender and other characteristics.

However, increasingly, Californians and other Americans are working in jobs where they aren't classified as "employees" and therefore, don't have these protections. They're part of the burgeoning "gig" economy. They are independent contractors, freelancers or temporary workers who are hired for a specified assignment or time period. If you summon an Uber, get your meal delivered via GrubHub or go on TaskRabbit to find someone to put up your Christmas lights, you'll be interacting with someone who's part of this workforce.

You can be wrongfully terminated in an 'at-will' employment state

When people live and work in a state such as California that has what's known as "at-will" employment, they often assume that their employer has the right to fire them for any reason and that they have no legal recourse. However, that's not the case.

Employers can be guilty of wrongful termination in certain circumstances in California and other at-will states. Following are some examples:

Do I have to be paid extra if I work on a holiday?

Many Southern Californians work for businesses, organizations or government agencies that must or choose to remain open and operational every day of the year. That means that some employees work on holidays that most of their family and friends have off. They may be happy to have an excuse to get away from their families on Thanksgiving Day or to work so that a colleague with small children can take off on a holiday when their kids are home from school.

However, people often assume that if they are required to work on a federally recognized holiday like Thanksgiving, Christmas, Fourth of July or Labor Day, they have to be paid extra, as they would if they worked overtime. However, that's not necessarily true.

Don't fall victim to insurance company tactics

After a car accident that has left you injured, you may understandably feel vulnerable. You may want to talk about the accident and find a shoulder to cry on about the damages you have suffered and the pain you are experiencing. In a best-case scenario, you will have friends and family to turn to for this purpose.

Of course, your loved ones will not be the only individuals you will interact with after an accident. You may have to contact your insurance company and the insurance company of the driver considered at fault in order to gain information about potential compensation. However, in your vulnerable state, agents may try to take advantage of you.

How to craft a resume that takes years off your age

Discrimination against employees for being too old is illegal. Under California's Fair Employment and Housing Act (FEHA), organizations with at least five employees cannot discriminate against any applicant or employee who's over 40 because of their age. Unfortunately, age discrimination, like other types of illegal discrimination, is nonetheless a reality.

Like discrimination based on other characteristics such as race, gender and religion, age discrimination is often based on employers' false or stereotypical beliefs about people. Many people over 40, contrary to some people's perceptions, are able and willing to learn new things. They can be extremely tech savvy.

What some employers don't understand about accessible parking

Employers are required to provide accessible parking spaces to employees who have a disability that allows them to use such spots under the "reasonable accommodations" provision in the Americans with Disabilities Act (ADA). Here in Southern California, we've all seen the disabled person parking placards issued by the Division of Motor Vehicles (DMV). People require certification by a doctor or other medical professional to obtain one.

However, some employers don't believe that they have to provide this accommodation if where a person parks doesn't directly impact the essential functions of their job. That's not the case.

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